The rule, set to go into effect this month in the state, would require prior authorization for abortions as well as require an in-person exam by a physician — rules that are not required for non-Medicaid patients, according to the report.
Under federal law, Medicaid-paid abortions are allowed under three conditions: if the abortion is necessary to save the life of the mother; if the pregnancy was the result of rape or incest; or if the abortion is deemed medically necessary by a provider.
A lawsuit challenging the rule argued it is effectively a ban on abortion and that many provisions of the rule have been previously determined to be unconstitutional, according to the report.
District Court Judge Mike Menahan issued a temporary restraining order because the rules likely infringe on the state’s constitution, according to the report. The judge’s order stops the rule going into effect until May 12, when a hearing on a more permanent preliminary injunction will take place.
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